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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | |||||||||||||||||||
5 | Section 16-118 as follows:
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6 | (220 ILCS 5/16-118)
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7 | Sec. 16-118. Services provided by electric utilities to
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8 | alternative retail electric suppliers. | |||||||||||||||||||
9 | (a) It is in the best interest of Illinois energy
consumers | |||||||||||||||||||
10 | to promote fair and open competition in the
provision of | |||||||||||||||||||
11 | electric power and energy and to prevent
anticompetitive | |||||||||||||||||||
12 | practices in the provision of electric power
and energy.
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13 | Therefore, to the extent an electric utility provides electric | |||||||||||||||||||
14 | power and energy
or delivery services to alternative retail | |||||||||||||||||||
15 | electric suppliers and such services
are not subject to the | |||||||||||||||||||
16 | jurisdiction of the Federal Energy
Regulatory Commission, and | |||||||||||||||||||
17 | are not competitive services, they
shall be provided through | |||||||||||||||||||
18 | tariffs that are filed with the
Commission, pursuant to Article | |||||||||||||||||||
19 | IX of this Act.
Each electric utility shall permit alternative
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20 | retail electric suppliers to interconnect facilities to those
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21 | owned by the utility provided they meet established standards
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22 | for such interconnection, and may provide standby or other
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23 | services to alternative retail electric suppliers. The
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1 | alternative retail electric supplier shall sign a contract
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2 | setting forth the prices, terms and conditions for
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3 | interconnection with the electric utility and the prices,
terms | ||||||
4 | and conditions for services provided by the electric
utility to | ||||||
5 | the alternative retail electric supplier in
connection with the | ||||||
6 | delivery by the electric utility of
electric power and energy | ||||||
7 | supplied by the alternative retail
electric supplier.
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8 | (b) An electric utility shall file a tariff pursuant to | ||||||
9 | Article IX of the
Act that would allow alternative retail | ||||||
10 | electric suppliers or electric
utilities other than the | ||||||
11 | electric utility in whose service area retail
customers are
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12 | located to issue single bills to the retail customers for both | ||||||
13 | the services
provided by such alternative retail electric | ||||||
14 | supplier or other electric utility
and the delivery services | ||||||
15 | provided by the electric utility to such customers.
The tariff | ||||||
16 | filed pursuant to this subsection shall (i) require partial | ||||||
17 | payments
made by retail customers to be credited first to the | ||||||
18 | electric utility's
tariffed services, (ii) impose commercially | ||||||
19 | reasonable terms with respect to
credit and collection, | ||||||
20 | including requests for deposits, (iii) retain the
electric | ||||||
21 | utility's right to disconnect the retail customers, if it does | ||||||
22 | not
receive payment for its tariffed services, in the same | ||||||
23 | manner that it would be
permitted to if it had billed for the | ||||||
24 | services itself, and (iv) require the
alternative retail | ||||||
25 | electric supplier or other electric utility that elects the
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26 | billing option provided by this tariff to include on each bill |
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1 | to retail
customers an identification of the electric utility | ||||||
2 | providing the delivery
services and a listing of the charges | ||||||
3 | applicable to such services. The tariff
filed pursuant to this | ||||||
4 | subsection may also include other just and reasonable
terms and | ||||||
5 | conditions. In addition,
an electric utility, an alternative | ||||||
6 | retail electric
supplier or electric utility other than the | ||||||
7 | electric utility
in whose service area the customer is located, | ||||||
8 | and a customer
served by such alternative retail electric | ||||||
9 | supplier or other
electric utility, may enter into an agreement | ||||||
10 | pursuant to
which the alternative retail electric supplier or | ||||||
11 | other
electric utility pays the charges specified in Section | ||||||
12 | 16-108,
or other customer-related charges, including taxes and | ||||||
13 | fees,
in lieu of such charges being recovered by the electric
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14 | utility directly from the customer. | ||||||
15 | (c) An electric utility with more than 100,000 customers | ||||||
16 | shall file a tariff pursuant to Article IX of this Act that | ||||||
17 | provides alternative retail electric suppliers, and electric | ||||||
18 | utilities other than the electric utility in whose service area | ||||||
19 | the retail customers are located, with the option to have the | ||||||
20 | electric utility purchase their receivables for power and | ||||||
21 | energy service provided to residential retail customers and | ||||||
22 | non-residential retail customers with a non-coincident peak | ||||||
23 | demand of less than 400 kilowatts. An electric utility with | ||||||
24 | more than 100,000 customers, however, shall not purchase any | ||||||
25 | receivable priced at a higher price than is obtained for | ||||||
26 | consumers through the Illinois Power Agency procurement |
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1 | process under Section 16-111.5. Only those amounts less than or | ||||||
2 | equal to the price obtained for consumers through that | ||||||
3 | procurement process shall be purchased by an electric utility | ||||||
4 | with more than 100,000 customers. Receivables for power and | ||||||
5 | energy service of alternative retail electric suppliers or | ||||||
6 | electric utilities other than the electric utility in whose | ||||||
7 | service area the retail customers are located shall be | ||||||
8 | purchased by the electric utility at a just and reasonable | ||||||
9 | discount rate to be reviewed and approved by the Commission | ||||||
10 | after notice and hearing. The discount rate shall be based on | ||||||
11 | the electric utility's historical bad debt and any reasonable | ||||||
12 | start-up costs and administrative costs associated with the | ||||||
13 | electric utility's purchase of receivables. The discounted | ||||||
14 | rate for purchase of receivables shall be included in the | ||||||
15 | tariff filed pursuant to this subsection (c). The discount rate | ||||||
16 | filed pursuant to this subsection (c) shall be subject to | ||||||
17 | periodic Commission review. The electric utility retains the | ||||||
18 | right to impose the same terms on retail customers with respect | ||||||
19 | to credit and collection, including requests for deposits, and | ||||||
20 | retain the electric utility's right to disconnect the retail | ||||||
21 | customers, if it does not receive payment for its tariffed | ||||||
22 | services or purchased receivables, in the same manner that it | ||||||
23 | would be permitted to if the retail customers purchased power | ||||||
24 | and energy from the electric utility. The tariff filed pursuant | ||||||
25 | to this subsection (c) shall permit the electric utility to | ||||||
26 | recover from retail customers any uncollected receivables that |
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1 | may arise as a result of the purchase of receivables under this | ||||||
2 | subsection (c) (however, the uncollected receivables shall not | ||||||
3 | exceed the price obtained for consumers through the Illinois | ||||||
4 | Power Agency procurement process under Section 16-111.5) , may | ||||||
5 | also include other just and reasonable terms and conditions, | ||||||
6 | and shall provide for the prudently incurred costs associated | ||||||
7 | with the provision of this service pursuant to this subsection | ||||||
8 | (c). Nothing in this subsection (c) permits the double recovery | ||||||
9 | of bad debt expenses from customers. | ||||||
10 | (d) An electric utility with more than 100,000 customers | ||||||
11 | shall file a tariff pursuant to Article IX of this Act that | ||||||
12 | would provide alternative retail electric suppliers or | ||||||
13 | electric utilities other than the electric utility in whose | ||||||
14 | service area retail customers are located with the option to | ||||||
15 | have the electric utility produce and provide single bills to | ||||||
16 | the retail customers for both the electric power and energy | ||||||
17 | service provided by the alternative retail electric supplier or | ||||||
18 | other electric utility and the delivery services provided by | ||||||
19 | the electric utility to the customers. The tariffs filed | ||||||
20 | pursuant to this subsection shall require the electric utility | ||||||
21 | to collect and remit customer payments for electric power and | ||||||
22 | energy service provided by alternative retail electric | ||||||
23 | suppliers or electric utilities other than the electric utility | ||||||
24 | in whose service area retail customers are located. The tariff | ||||||
25 | filed pursuant to this subsection shall require the electric | ||||||
26 | utility to include on each bill to retail customers an |
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1 | identification of the alternative retail electric supplier or | ||||||
2 | other electric utility that elects the billing option. The | ||||||
3 | tariff filed pursuant to this subsection (d) may also include | ||||||
4 | other just and reasonable terms and conditions and shall | ||||||
5 | provide for the recovery of prudently incurred costs associated | ||||||
6 | with the provision of service pursuant to this subsection (d). | ||||||
7 | The costs associated with the provision of service pursuant to | ||||||
8 | this Section shall be subject to periodic Commission review.
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9 | (e) An electric utility with more than 100,000 customers in | ||||||
10 | this State shall file a tariff pursuant to Article IX of this | ||||||
11 | Act that provides alternative retail electric suppliers, and | ||||||
12 | electric utilities other than the electric utility in whose | ||||||
13 | service area the retail customers are located, with the option | ||||||
14 | to have the electric utility purchase 2 billing cycles worth of | ||||||
15 | uncollectible receivables for power and energy service | ||||||
16 | provided to residential retail customers and to | ||||||
17 | non-residential retail customers with a non-coincident peak | ||||||
18 | demand of less than 400 kilowatts upon returning that customer | ||||||
19 | to that electric utility for delivery and energy service after | ||||||
20 | that alternative retail electric supplier, or an electric | ||||||
21 | utility other than the electric utility in whose service area | ||||||
22 | the retail customer is located, has made reasonable collection | ||||||
23 | efforts on that account. However, the uncollected receivable | ||||||
24 | shall not exceed the price obtained for consumers through the | ||||||
25 | procurement process under Section 16-111.5. Uncollectible | ||||||
26 | receivables for power and energy service of alternative retail |
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1 | electric suppliers, or electric utilities other than the | ||||||
2 | electric utility in whose service area the retail customers are | ||||||
3 | located, shall be purchased by the electric utility at a just | ||||||
4 | and reasonable discount rate to be reviewed and approved by the | ||||||
5 | Commission, after notice and hearing. The discount rate shall | ||||||
6 | be based on the electric utility's historical bad debt for | ||||||
7 | receivables that are outstanding for a similar length of time | ||||||
8 | and any reasonable start-up costs and administrative costs | ||||||
9 | associated with the electric utility's purchase of | ||||||
10 | receivables. The discounted rate for purchase of uncollectible | ||||||
11 | receivables shall be included in the tariff filed pursuant to | ||||||
12 | this subsection (e). The electric utility retains the right to | ||||||
13 | impose the same terms on these retail customers with respect to | ||||||
14 | credit and collection, including requests for deposits, and | ||||||
15 | retains the right to disconnect these retail customers, if it | ||||||
16 | does not receive payment for its tariffed services or purchased | ||||||
17 | receivables, in the same manner that it would be permitted to | ||||||
18 | if the retail customers had purchased power and energy from the | ||||||
19 | electric utility. The tariff filed pursuant to this subsection | ||||||
20 | (e) shall permit the electric utility to recover from retail | ||||||
21 | customers any uncollectable receivables that may arise as a | ||||||
22 | result of the purchase of uncollectible receivables under this | ||||||
23 | subsection (e) (however, the uncollectible receivable shall | ||||||
24 | not exceed the price obtained for consumers through the | ||||||
25 | Illinois Power Agency procurement process under Section | ||||||
26 | 16-111.5) , may also include other just and reasonable terms and |
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1 | conditions, and shall provide for the prudently incurred costs | ||||||
2 | associated with the provision of this service pursuant to this | ||||||
3 | subsection (e). Nothing in this subsection (e) permits the | ||||||
4 | double recovery of utility bad debt expenses from customers. | ||||||
5 | The electric utility may file a joint tariff for this | ||||||
6 | subsection (e) and subsection (c) of this Section.
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7 | (Source: P.A. 95-700, eff. 11-9-07.)
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